Current through February, 2024
(a) The
agency shall be responsible for determining whether historic properties are
present in the project area and, if so, to properly identify and inventory the
properties.
(b) An agency shall
first consult the SHPD to determine if the area proposed for the project needs
to undergo an inventory survey to determine if historic properties are present.
The tax map key for the parcel or parcels involved and a map shall be submitted
to the SHPD to locate and define the boundaries of the project area. The SHPD
shall supply a response in writing within thirty days of the receipt of the
initiating request at the SHPD office. This response shall include a
justification by the SHPD for its conclusion.
(1) If the SHPD concludes that no significant
historic sites are likely to be present then the SHPD will make this
determination in the form of a "no historic properties affected" letter within
thirty days of receipt of the request.
(2) Alternatively, the agency can submit
documents claiming no significant historic sites are likely to be present. The
document must present supportive evidence documenting any land altering
activities (including areal extent and depth of disturbances) and documenting
the likely nature and depth of historic properties that may have once existed
in the area. The SHPD shall respond in writing within thirty days of receipt of
the request.
(A) If the SHPD agrees that no
significant historic properties are present, then the SHPD shall issue a
written concurrence to the agency in the form of a "no historic properties
affected" determination and historic preservation review ends; or
(B) If the SHPD does not find the
documentation satisfactory, then a letter shall be sent to the agency
specifying why. To proceed with the review process, the agency shall correct
the problems, consulting with the SHPD as needed, and resubmit the
documentation or shall conduct an inventory survey, whichever is
required.
(3) The SHPD
will make all "no historic properties affected" determinations available to
interested persons by posting notice every Friday of all such determinations
either at the SHPD office or on the SHPD website. Should the office be closed
on any Friday as a result of a holiday or some type of disaster, the
information shall be posted on the first following working day. Interested
persons have the opportunity to submit written comments on such determinations
within thirty days of the notice's posting. Should historic properties be
reported to the SHPD during these thirty days the SHPD may reconsider its
concurrence under the provisions of section 13-275-11.
(4) If the SHPD determines that an adequate
survey exists and that historic properties are present, then the agency shall
proceed to the next step in the review process, evaluation of the significance
of the historic properties according to section 13-275-6.
(5) If the SHPD concludes an inventory survey
needs to be done, this survey shall identify all historic properties and gather
enough information to evaluate the properties' significance. Inventory surveys
fall into three main categories, and the SHPD will indicate which category or
combination of categories is needed.
(A) An
archaeological inventory survey may be undertaken when the SHPD concludes that
archaeological properties are present or are likely to be present.
Archaeological survey often involves detailed field mapping and test
excavations, laboratory analyses, and interpretive studies. An archaeological
permit, issued by the SHPD, as set forth in chapter 13-282, is required for
this survey and any lesser level of archaeological survey work. The survey must
be directed by a qualified archaeologist who meets the qualifications set forth
in chapter 13-281. Results of the survey shall be reported either through an
archaeological assessment, if no sites were found, or an archaeological survey
report which meets the minimum standards set forth in chapter 13-276. An
archaeological assessment shall include the information on the property and the
survey methodology as set forth in subsections 13-276-5(a) and (c), as well as
a brief background section discussing the former landuse and types of sites
that might have been previously present.
(B) An ethnographic survey may be undertaken
when the SHPD concludes that historic properties which may be significant under
criterion "e" of paragraph 13-275-6(b)(5) are present or are likely to be
present within the project area and when the project area is known to have been
used by members of an ethnic community at least fifty years ago or by preceding
generations. Guidelines for this survey can be obtained from the SHPD. The
survey must be directed by a qualified ethnographer who meets the
qualifications set forth in chapter 13-281.
(C) An architectural inventory survey may be
undertaken when the SHPD concludes that historic buildings, structures,
objects, or districts are present or are likely to be present within the
project area. Information shall be of sufficient quality to either complete a
National Register of Historic Places nomination form, or have SHPD agree it
provides an adequate basis for making historic preservation decisions. The
survey must be directed by a qualified historian, architect or architectural
historian who meets the qualifications set forth in chapter 13-281.
(c) Should the SHPD
believe unusual archaeological conditions may be present in a project area,
such as the presence of paleo-environmental materials or historic archaeology,
the division may require an inventory plan be submitted for approval prior to
the undertaking of any inventory survey work. This plan shall include, but not
be limited to:
(1) All the information
required in subsections 13-276-5(a) and (b) which identifies the project area,
identifies the project owner, describes the environment, provides the results
of background research, as appropriate, and reviews any relevant prior
archaeological studies.
(2) A
research design for the identification of historic properties within the
project area. This would be a section on the methods to be used in the
archaeological field survey which shall include:
(A) The names and qualifications of the
principal investigator;
(B) The
anticipated number of field personnel, and any specialized qualifications which
they might possess;
(C) The
anticipated duration of time for the survey;
(D) The extent of survey coverage, as
appropriate. If the coverage is to be less than one hundred percent, the
rationale for the sample (the sampling design) must be presented in a careful
discussion. Sampling designs which include analysis of possible subsurface
sites under sand dunes, urban fill, and other areas must also be presented
here;
(E) A discussion of any
factors which might limit the survey effort, if appropriate;
(F) The techniques to be used to identify
archaeological properties (transects, sweeps, test excavations, augering,
etc.);
(G) The anticipated extent
of historic property recording (mapping, measuring, photographing, test
excavations) and the techniques to be used, with the rationale for these
techniques given, if appropriate; and
(H) The method to be used to plot site
location, if appropriate.
(3) Information obtained through the
consultation process with individuals knowledgeable about the project area's
history, if discussions with the SHPD, background research or public input
indicate a need to consult with knowledgeable individuals. This section would
include all the information required in subsection 13-276-5(g).
(d) If an inventory plan is
required, once it is completed, one copy of the inventory plan shall be
submitted to the SHPD for review. The plan shall meet the above requirements.
The SHPD shall inform the agency within thirty days of receipt of the plan if
the information contained in the plan is adequate or inadequate.
(1) Any interested persons may comment on the
plan. Comments must be submitted in writing to the SHPD within thirty days of
the SHPD posting notice of the receipt of the plan. The SHPD shall take all
comments into consideration when issuing its determination letter. In the event
comments are received after the issuance of the determination letter, the SHPD
may reconsider its determination under the provisions of section
13-275-11.
(2) If the SHPD
determines that the plan is inadequate, then a letter shall be sent to the
agency stating why the plan is inadequate. To proceed with the review process,
the agency shall correct the problems, consulting with the SHPD as needed to
resolve differences, and resubmit the results.
(3) If the SHPD finds the plan adequate, then
the agency will be sent a written notice of acceptance.
(e) If an inventory survey is needed, once it
is completed, one copy of the inventory survey report or, if appropriate, an
archaeological assessment shall be submitted to the SHPD for review. The report
shall meet the requirements noted in chapter 13-276 for archaeology; shall
conform with the SHPD guidelines for ethnography; or shall meet the
requirements to complete a National Register of Historic Places nomination form
or forms for architecture. When consultation is required, as specified in any
of the reporting rules or guidelines for surveys, the report will include a
summary of the consultation. The SHPD shall inform the agency within forty five
days of receipt of the report or archaeological assessment if the information
contained in the report or archaeological assessment is adequate or inadequate.
(1) Any interested persons may comment on the
survey report or archaeological assessment. Comments must be submitted in
writing to the SHPD within thirty days of the SHPD posting notice of the
receipt of the report or assessment. The SHPD shall take all comments into
consideration when issuing its determination letter. In the event comments are
received after the issuance of the determination letter, the SHPD may
reconsider its determination under the provisions of section
13-275-11.
(2) If the SHPD
determines that the survey, report, or assessment is inadequate (e.g., survey
failed to cover the entire project area, historic properties are incompletely
described, etc.), then a letter shall be sent to the agency stating why the
inventory survey is inadequate. To proceed with the review process, the agency
shall correct the problems, consulting with the SHPD as needed to resolve
differences, and resubmit the results.
(3) If the SHPD finds the report or
archaeological assessment adequate, then the agency will be sent a written
notice of acceptance. Once the survey report or archaeological assessment is
accepted, seven copies of the report or assessment shall be provided by the
agency to the following repositories: two copies shall be sent to the SHPD
library with one copy going to the relevant SHPD neighbor island office's
library, one copy shall be sent to the University of Hawaii at Manoa Hamilton
Library Pacific Collection, one copy shall be sent to the Bishop Museum
library, one copy shall be sent to the University of Hawaii at Hilo library,
one copy shall be sent to the Maui Community College library, and one copy sent
to the Kauai Community College library.
(f) If the SHPD gives the archaeological
assessment or report final acceptance and if no historic properties are
present, then historic preservation review ends and the SHPD shall include in
the notice of final acceptance its written concurrence to the project in the
form of a "no historic properties affected" determination.
(g) If the SHPD finds the report adequate and
historic properties are present, then the significance of each property shall
be evaluated as discussed in the following section.
